Roman v. Caputo

There is no compelling reason here presented why there should be a departure from the well-recognized requirement that a note of issue must be filed at least twelve days before the commencement of any term and that a preference should not be granted until an action is properly on the calendar (Rules Civ. Prac., rules 150, 151; Manarrow Realties, Inc., v. Conrad Corp., 222 App. Div. 652; cf. Zimmerman v. Rahmeyer, 230 App. Div. 719). The proper practice for plaintiff to have adopted in the circumstances was to have moved for an injunction pendente lite. In disposing of that injunction, the…